Andrew J. Nussbaum is a partner of Wachtell, Lipton, Rosen & Katz, New York, and a member of their Corporate Department. His practice involves a wide range of merger and acquisition-related matters, including cross-border transactions, spin-offs, divestitures, carve-out IPOs, private equity transactions and joint ventures. Mr. Nussbaum graduated summa cum laude from Amherst College (1985) and has a master's degree from Oxford University, where he was a Rhodes Scholar. He attended the University of Chicago Law School, where he received his J.D. with high honors (1991), was a member of Order of the Coif and served as editor-in-chief of The University of Chicago Law Review. Prior to joining the firm, Mr. Nussbaum served as a law clerk to the Honorable Ruth Bader Ginsburg, then of the U.S. Court of Appeals for the District of Columbia Circuit, and thereafter to Justice Antonin Scalia, United States Supreme Court.

Zum Vortragsthema:"The talk will cover key recent developments in U.S. case law directly affecting M&A as well as the M&A process, including courts’ view of confidentiality agreements and appropriate remedies; judicial commentary on the fiduciary duties of managers and directors in the context of LBOs and other private equity transactions; the evolving law of takeover defense; and the consequences of litigation for the successful acquirer. Recent cases have applied, or suggested, that acquirors may face substantial financial liability for the failures, as seen by the court, of the target’s board of directors, or due to the court’s view of entire fairness in conflict transactions. We will discuss ways to mitigate these litigation risks, and how they may be used to a bidder’s advantage."